Frequently Asked Questions About Divorce
As an experienced Texas divorce and family law attorney, I get asked questions every day about the divorce process. While every divorce is as different as the couple involved, there are some general questions that might help answer some of your pressing questions.
I invite you to read through these questions and answers, then contact my office in Fort Worth to discuss the specific circumstances of your divorce. I can be reached by phone at 817-336-2325 or by email.
Q. Will it make a difference who files the divorce papers?
A. In most cases, it will not matter. I prefer, however, to file first for my clients to gain the advantage of being able to present our case first in court should court be necessary.
Q. How long should I expect it to take to get my divorce finalized?
A. No lawyer should be willing to give you a firm timeline for your divorce. By Texas law, it will not be final earlier than 60 days from the day the papers are filed. The total length of time is specific to your unique needs, whether you go through the mediation process, issues involving child custody or the complexity of dividing your marital property.
Q. Will I have to pay alimony? Can I get alimony?
A. Temporary or permanent spousal support will be decided on a case-by-case basis. The court will consider several factors, including the duration of the marriage, whether both spouses have jobs or job skills, health concerns and other considerations. It is fair to say that long-term alimony after the divorce is final is very unusual.
Q. Will I keep the house? How will our property be divided?
A. In Texas, property accumulated during the marriage is considered community (marital) property, except in very specific cases such as a family inheritance. You will help your attorney prepare an inventory of all marital assets including values so that you and I understand what you and your spouse own and what you may have that is considered your separate property. Please note, however, that equitable distribution doesn’t necessarily mean a 50-50 split of everything. There will be negotiations to determine how certain property is to be divided, including who keeps the house or whether the house is sold.